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14A.70.090 Appeal of Denial, Revocation, or Suspension of Social Games Permit.

(Amended by Ordinance No. 186746, effective August 6, 2014.)  The sole method of appeal of a denial, revocation, or suspension of a permit shall be as follows:

A.  When denying an application for permit, the Revenue Division shall immediately make reasonable attempts to notify the applicant who may appeal within 10 days thereafter.

B.  Upon receipt of notice of appeal of a permit denial, revocation, or suspension, the Director shall appoint a Hearings Officer to hear the appeal.  The Hearings Officer shall conduct a hearing on the matter, giving the permittee and the Revenue Division 10 days notice of the date thereof.  The hearing shall be conducted according the procedures established for contested case hearings in ORS Chapter 183.  The Hearings Officer shall issue a report within 10 days of the hearing, making findings of fact and determining whether the grounds for revocation or suspension given in the notice have been established by a preponderance of the evidence.  The Hearings Officer’s determination shall be final and effective within 10 days of giving notice to the Revenue Division and the permittee, unless appealed to the Council before such time by the aggrieved party.  The Council shall hear and determine the appeal based on the record made at the hearing, but may, at its discretion, hear other evidence.  In all cases, the decision of the Council shall be final.